Will Dispute help

Shortymfc87

Let me start by telling you what has happened in my family. At the age of 15 year old young lad who lost his mam to cancer at the age of 37 back in 2003. Before my Mam passed away my aunty (B) thought it was a good idea to have affair with my mams husband. When my Mam found out I remember her struggling to get out the bath and black bag his things and told him to leave. When my Mam passed away my nanna and grandad my Mams and dad disowned aunty (B) for 17 years in that time the got married to my so called step dad and had no contact whatsoever with my nanna and grandad. So back in 2003 - 2005 my grandad and nanna change the will removing (B) and my Mam. In place my nanna and grandad wish was me and my sister got my mams share and (B) kids got her share. But would be split 4 ways with the other 2 living siblings. Then bomb shell 2018-19 comes my nanna gets ill with dementia and my aunty (B)  worms her way back in. Within a 1-2 years Aunty (B) got power of anntoney started spending grandads and nanna money on new windows and doors. Blinds and new kitchen. My nanna then sadly passed away with dementia 2 years ago. After this my grandad became ill start to go down hill with a broken heart after 65 years of marriage. Everytime I would chat to grandad he would tell me he was fed up. Grandad was in and out of hospital. March of this year I found out (B) told my nanna sister she can't find the will and is getting Grandad to write a new one. So I question her and she told me that grandad insisted that will would be there somewhere and she was leaving it at that. I also mention if the will is change I would like to present. 9 months get a call from the hospital tell me my Grandad is giving 48 hours to live. I was told by nanna sister at my grandads death bed she had just been informed the will has been change that me and my sister have been removed from the will along with Aunty (B) kids and in place Aunty (B) been put back in place and my mother's share is forgotten about that is family for you. I really don't think it would be nanna or grandads wish not to give us our mams share of the will.

After this I found out my Sister was told that my nanna sister was going to be witness to new will by aunty (B) which never happened and my nanna sister is angry and upset just as much as I am.

As you can see I told Lie to kept sweet and the same for my sister. Now I brought this up with my aunty B I told to show respect if she had been honest from the start I wouldn't have to say anything.

Now don't get me wrong I couldn't of done without aunty (B) the last couple year she has really help out with nanna and grandad. I think she should of got her share but to write me and my sister out my mam share is just morally wrong I have a problem with. 

I'm heart broken and now made out as the villian. My sister is religious and doesn't want to cause a fuss. But it not right at all. 

Savvy_Sue

I'm not sure I've followed all of that, and I am sorry for your losses, but

• If granddad wrote a valid will, properly signed while he had capacity to do so, fully witnessed, and you and your sister have been written out of it, then there is nothing you can do,
  
  UNLESS you / your sister were dependent on your grandfather when he died. You give no indication that that was the case. 
  
  
• People are entitled to change their wills, whenever they like, however they like. They do not have to consult beneficiaries / previous beneficiaries / potential beneficiaries. 
  
  
• They can choose whoever they like to be witnesses. If they are (sensibly) using solicitors, then often the witnesses will be employees, and unknown to the family. 
  
  
• And this:

Shortymfc87 said:

I also mention if the will is change I would like to present.

• If you're saying that you said you wanted to be present at any appointment where your grandfather was changing his will, then no, that was never going to happen. NO-ONE should be at such an appointment except the person making the will, and whoever is writing the will. That is to avoid accusations of putting undue pressure on the person, to 'persuade' them to do this, that or the other.

So the question we are left with, do you want to remain in contact with Aunty B / your cousins / wider family? If you don't - and I'm sure none of us would blame you if you did not - then walk away with your head held high. If you do NOT, and you have deep pockets, you can spend a fortune getting advice on legal action, which has no realistic prospect of success, but may delay your aunt benefitting from this. 

Shortymfc87

Savvy_Sue said:

I'm not sure I've followed all of that, and I am sorry for your losses, but

• If granddad wrote a valid will, properly signed while he had capacity to do so, fully witnessed, and you and your sister have been written out of it, then there is nothing you can do,
  
  UNLESS you / your sister were dependent on your grandfather when he died. You give no indication that that was the case. 
  
  
• People are entitled to change their wills, whenever they like, however they like. They do not have to consult beneficiaries / previous beneficiaries / potential beneficiaries. 
  
  
• They can choose whoever they like to be witnesses. If they are (sensibly) using solicitors, then often the witnesses will be employees, and unknown to the family. 
  
  
• And this:

Shortymfc87 said:

I also mention if the will is change I would like to present.

• If you're saying that you said you wanted to be present at any appointment where your grandfather was changing his will, then no, that was never going to happen. NO-ONE should be at such an appointment except the person making the will, and whoever is writing the will. That is to avoid accusations of putting undue pressure on the person, to 'persuade' them to do this, that or the other.

So the question we are left with, do you want to remain in contact with Aunty B / your cousins / wider family? If you don't - and I'm sure none of us would blame you if you did not - then walk away with your head held high. If you do NOT, and you have deep pockets, you can spend a fortune getting advice on legal action, which has no realistic prospect of success, but may delay your aunt benefitting from this. 

Thank you for your advice.